Health Services Act 2016

Health Services (Conduct and Traffic) Regulations 2016

 

Health Services (Conduct and Traffic) Regulations 2016

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

4.Appointment of authorised persons3

Part 2 — Behaviour on health service provider land

5.No entry without cause5

6.Directions as to use of certain areas5

7.Prohibited items5

8.Smoking6

Part 3 — Traffic control

Division 1 — Driving and use of vehicles

9.Application of Road Traffic Code 20007

10.Driving of vehicles7

11.Driver to obey reasonable direction7

12.Speed limits8

13.Giving way8

14.No instruction or repairs on land8

Division 2 — Parking

15.Parking to be in parking spaces only9

16.Signs to be obeyed9

17.Parking in parking spaces9

18.Types of parking areas10

19.Parking in ticket parking area or boom gate controlled ticket parking area10

20.Parking in paid staff parking area12

21.Parking in permit parking area13

22.Parking permits13

23.Application for parking permit14

24.Review of decisions about parking permits15

25.Appointment of committees16

26.Fees for parking permits17

27.Cancellation of parking permit17

28.Refund of parking permit fees18

Part 4 — Infringement notices

29.Prescribed offences and modified penalties20

30.Authorised officers and approved officers20

31.Forms20

Part 5 — General

32.Removal of vehicles21

33.Other offences21

Schedule 1 — Fees

1.Terms used22

2.Fees for Armadale Kelmscott District Memorial Hospital22

3.Fees for Bentley Hospital23

4.Fees for Fiona Stanley Hospital24

5.Fees for Fremantle Hospital24

6.Fees for King Edward Memorial Hospital for Women25

7.Fees for Osborne Park Hospital26

9.Fees for Royal Perth Hospital26

10.Fees for health service provider sites in WA Country Health Service area27

Schedule 2 — Prescribed offences and modified penalties

Schedule 3 — Infringement notice forms

Notes

Compilation table37

Provisions that have not come into operation37

Defined terms

 

Health Services Act 2016

Health Services (Conduct and Traffic) Regulations 2016

Part 1  Preliminary

1.Citation

These regulations are the Health Services (Conduct and Traffic) Regulations 2016.

2.Commencement

These regulations come into operation on the day on which the Health Services Act 2016 section 209 comes into operation.

3.Terms used

(1)In these regulations, unless the contrary intention appears —

approved, in relation to an activity on or in relation to health service provider land, means approved by the responsible chief executive;

driver, in relation to a vehicle, includes rider;

health service provider land has the meaning given in section 207 of the Act;

parking facility means any land or structure on health service provider land containing a parking space or parking spaces;

parking permit means a permit granted under regulation 22;

parking space means a place on health service provider land, whether in a parking facility or not, that is set aside and identified as a place where a vehicle may be parked;

prescribed fee, in relation to a matter, means the fee specified for that matter in Schedule 1;

responsible authorised person, in relation to health service provider land, means a person appointed under regulation 4 as an authorised person for the land for the purpose of the regulation in which the term is used;

responsible chief executive, in relation to health service provider land, means the chief executive of the health service provider in which the land is vested or that has care, control and maintenance of the land;

responsible person, for a vehicle, means the person responsible for the vehicle under the Road Traffic (Administration) Act 2008 section 6;

roadway means an area of health service provider land which, although it is not a road as defined in the Road Traffic (Administration) Act 2008 section 4, is set aside for use by vehicular traffic, but excludes a parking facility;

sign means marking, notice or sign marked, erected or displayed on health service provider land by the responsible chief executive;

speed restriction sign means a sign erected or marked in or about a roadway containing a numeral or numerals;

staff member, of a health service provider, includes a person who is an employee of a body that provides services to the health service provider under a contract;

ticket means a ticket from a ticket vending machine showing —

(a)the day of issue of the ticket; and

(b)the time of issue or expiry, or the time of issue and expiry, of the ticket;

ticket vending machine means machine situated in a parking facility which issues a ticket;

vehicle has the meaning given in the Road Traffic (Administration) Act 2008 section 4.

(2)A reference in these regulations to permission in relation to carrying out an activity on health service provider land is a reference to permission that is — 

(a)given by the responsible chief executive or a responsible authorised person; and

(b)in writing; and

(c)obtained and not revoked prior to the performing of the act that is the subject of the permission.

(3)For the purposes of these regulations, other than regulation 19(3) and (6), a staff member of a health service provider acting in the course of the staff member’s employment is to be treated as having the permission referred to in subregulation (2) in relation to health service provider land vested in, or under the care, control or management of the health service provider.

4.Appointment of authorised persons

(1)The chief executive of a health service provider may, in writing, appoint a staff member of the health service provider as an authorised person.

(2)The instrument of appointment must specify —

(a)the health service provider land for which the authorised person is appointed; and

(b)the regulations for the purpose of which the authorised person is appointed; and

(c)any other conditions or restrictions the chief executive thinks appropriate.

(3)The appointment of an authorised person is subject to the restrictions specified in the instrument of appointment.

(4)An appointment under subregulation (1) may be made in respect of a specified person or persons of a specified class.

(5)The responsible chief executive must issue to each authorised person appointed by the chief executive a certificate identifying the person and the health service provider land and the purpose for which the person is authorised.

Part 2  Behaviour on health service provider land

5.No entry without cause

A person must not enter or remain on health service provider land without a reasonable excuse.

Penalty: a fine of $300.

[Regulation 5 amended in Gazette 29 Nov 2016 p. 5320.]

6.Directions as to use of certain areas

(1)In this regulation —

specified means specified in the sign containing the direction.

(2)A responsible authorised person may, by means of a sign, direct that a specified part of health service provider land is open to members of the public or a specified section of the public.

(3)A direction under this regulation may be made subject to specified conditions.

(4)The responsible chief executive may cancel or vary a direction or condition under this regulation.

(5)A person must not contravene a condition of a direction under this regulation.

Penalty for this subregulation: a fine of $500.

[Regulation 6 amended in Gazette 29 Nov 2016 p. 5319.]

7.Prohibited items

(1)In this regulation —

prohibited item means —

(a)an alcoholic beverage; or

(b)a firearm as defined in the Firearms Act 1973 section 4; or

(c)a controlled weapon as defined in the Weapons Act 1999 section 3; or

(d)a prohibited weapon as defined in the Weapons Act 1999 section 3; or

(e)a prohibited drug as defined in the Misuse of Drugs Act 1981 section 3(1).

(2)A person must not bring onto health service provider land a prohibited item unless the person has permission to do so.

Penalty for this subregulation: a fine of $500.

[Regulation 7 amended in Gazette 29 Nov 2016 p. 5319.]

8.Smoking

A person must not smoke on health service provider land.

Penalty: a fine of $500.

[Regulation 8 amended in Gazette 29 Nov 2016 p. 5319.]

Part 3 — Traffic control

Division 1 — Driving and use of vehicles

9.Application of Road Traffic Code 2000

Subject to these regulations, the Road Traffic Code 2000 applies to and in relation to the driving of a vehicle on health service provider land.

10.Driving of vehicles

(1)A person must not drive or bring a vehicle onto a part of health service provider land that is not a roadway or a parking facility, unless the person has permission to do so.

Penalty for this subregulation: a fine of $300.

(2)A person must not drive or bring a vehicle that has an unladen weight of more than 4 tonnes onto health service provider land, unless the person has permission to do so.

Penalty for this subregulation: a fine of $300.

(3)A person must not drive, use or stand a vehicle in a part of health service provider land contrary to a direction in a sign that relates to that part of the land.

Penalty for this subregulation: a fine of $300.

(4)This regulation does not apply to a vehicle that is an emergency vehicle.

[Regulation 10 amended in Gazette 29 Nov 2016 p. 5320.]

11.Driver to obey reasonable direction

The driver of a vehicle must obey a responsible authorised person’s reasonable direction in relation to the parking or movement of the vehicle on health service provider land, despite that direction being different from a direction in a sign.

Penalty for this subregulation: a fine of $300.

[Regulation 11 amended in Gazette 29 Nov 2016 p. 5320.]

12.Speed limits

(1)A person must not drive a vehicle on a roadway or parking facility —

(a)if a speed restriction sign is displayed in relation to a part of a roadway or parking facility — at a speed exceeding the speed indicated by the speed restriction sign; or

(b)if no speed restriction sign is displayed — at a speed exceeding 10 km/h.

Penalty for this subregulation: a fine of $500.

(2)Subregulation (1) does not apply to the driving of an emergency vehicle.

[Regulation 12 amended in Gazette 29 Nov 2016 p. 5319.]

13.Giving way

The driver of a vehicle that is entering or about to enter a parking facility is to give way to a vehicle that is leaving the parking facility.

Penalty: a fine of $300.

[Regulation 13 amended in Gazette 29 Nov 2016 p. 5320.]

14.No instruction or repairs on land

A person must not — 

(a)drive a vehicle on health service provider land for the purpose of giving or receiving driving instructions; or

(b)repair or adjust a vehicle on health service provider land, except in an emergency.

Penalty: a fine of $300.

[Regulation 14 amended in Gazette 29 Nov 2016 p. 5320.]

Division 2 — Parking

15.Parking to be in parking spaces only

A person must not park a vehicle on health service provider land unless the vehicle is parked in a parking space.

Penalty: a fine of $300.

[Regulation 15 amended in Gazette 29 Nov 2016 p. 5320.]

16.Signs to be obeyed

A person must not park, stand or move a vehicle on health service provider land contrary to a direction in a sign.

Penalty: a fine of $300.

[Regulation 16 amended in Gazette 29 Nov 2016 p. 5320.]

17.Parking in parking spaces

(1)In this regulation —

specified means specified in a sign.

(2)A sign may contain a direction that parking in a parking space, parking facility or part of a parking facility is set aside for — 

(a)a specified vehicle or specified class of vehicle; or

(b)the vehicle of a specified person or specified class of persons; or

(c)parking of vehicles for a specified period of time; or

(d)parking of vehicles for a maximum period of time as is specified.

(3)A person must not park, stand or move a vehicle in a parking space or a parking facility contrary to a direction in a sign.

Penalty for this subregulation: a fine of $300.

[Regulation 17 amended in Gazette 29 Nov 2016 p. 5320.]

18.Types of parking areas

(1)A responsible chief executive may set aside a parking facility or part of a parking facility as —

(a)a ticket parking area or a boom gate controlled ticket parking area for the purposes of regulation 19; or

(b)a paid staff parking area for the purposes of regulation 20; or

(c)a permit parking area for the purposes of regulation 21.

(2)An area set aside under subregulation (1) must be identified as such by a sign or signs.

19.Parking in ticket parking area or boom gate controlled ticket parking area

(1)In this regulation —

boom gate controlled ticket parking area means a boom gate controlled ticket parking area set aside under regulation 18(1)(a);

ticket parking area means a ticket parking area set aside under regulation 18(1)(a).

(2)A person must not park a vehicle in a ticket parking area unless —

(a)the person has purchased a ticket by paying the prescribed fee for that ticket parking area for the length of time for which the vehicle is to be parked; and

(b)if a sign in the parking area requires that the ticket be displayed in the vehicle — the ticket is displayed as required.

Penalty for this subregulation: a fine of $300.

(3)A person does not commit an offence under subregulation (2) if —

(a)the person has permission to park in the ticket parking area; and

(b)if a sign in the parking area requires that a ticket be displayed in the vehicle — the permission is displayed as required as if it were a ticket.

(4)A person must not drive a vehicle into or park a vehicle in a boom gate controlled ticket parking area unless the person has obtained a ticket from a ticket vending machine situated at the entrance to the parking area.

Penalty for this subregulation: a fine of $300.

(5)A person must not remove a vehicle from a boom gate controlled ticket parking area without paying the prescribed fee for the parking area for the length of time for which the vehicle has been parked.

Penalty for this subregulation: a fine of $300.

(6)A person does not commit an offence under subregulation (4) or (5) if the person —

(a)has permission to park in the boom gate controlled ticket parking area; and

(b)produces the permission for inspection when requested to do so by a responsible authorised person.

(7)A person who has parked a vehicle in a ticket parking area or a boom gate controlled ticket parking area on a health service provider site must not leave the site while the vehicle is parked there.

Penalty for this subregulation: a fine of $300.

(8)In subregulation (7) —

health service provider site means a site described in the Health Services (Health Service Provider Land) Order 2016.

[Regulation 19 amended in Gazette 29 Nov 2016 p. 5320.]

20.Parking in paid staff parking area

(1)In this regulation —

eligible staff member means a person who is in a class of persons determined by the responsible chief executive under subregulation (5);

paid staff parking area means an area set aside under regulation 18(1)(b).

(2)A person must not park a vehicle in a paid staff parking area unless the person is an eligible staff member for that paid staff parking area.

Penalty for this subregulation: a fine of $300.

(3)An eligible staff member who parks a vehicle in a paid staff parking area must pay the prescribed fee for the length of time for which the vehicle has been parked before removing the vehicle from the parking area.

Penalty for this subregulation: a fine of $300.

(4)A fee payable under this regulation is to be paid in an approved manner.

(5)A responsible chief executive may determine classes of persons who are eligible to park in specified paid staff parking areas on health service provider land.

[Regulation 20 amended in Gazette 29 Nov 2016 p. 5320.]

21.Parking in permit parking area

(1)In this regulation —

permit parking area means an area set aside under regulation 18(1)(c).

(2)A person must not park a vehicle in a permit parking area unless —

(a)the person holds a parking permit of the class (if any) for which the area is set aside; and

(b)the person parks the vehicle in accordance with that permit; and

(c)the permit is displayed in or on the vehicle in the manner specified in the permit.

Penalty for this subregulation: a fine of $300.

[Regulation 21 amended in Gazette 29 Nov 2016 p. 5320.]

22.Parking permits

(1)A responsible chief executive may determine classes of parking permits and the eligibility criteria for each class of parking permit for a permit parking area on health service provider land.

(2)A responsible authorised person may grant parking permits of such classes and subject to any conditions the authorised person thinks fit.

(3)Without limiting subregulation (2) a parking permit may be subject to conditions relating to all or any of the following —

(a)the vehicle, vehicles, or kind of vehicles, to which it relates;

(b)the health service provider land, and areas within that land, in which the permit holder is permitted to park;

(c)the times during which, or period of time for which, the permit holder is permitted to park;

(d)the number of persons who must be in the vehicle at the time it arrives at, or departs from, the health service provider land.

(4)A parking permit —

(a)takes effect on the day specified in it; and

(b)remains in effect for the period specified in it, unless it is cancelled before the end of that period.

(5)If the holder of a parking permit of a particular class ceases to satisfy any of the eligibility criteria for that class of permit, the permit holder must, as soon as is reasonably practicable, notify a responsible authorised person.

Penalty for this subregulation: a fine of $500.

[Regulation 22 amended in Gazette 29 Nov 2016 p. 5319.]

23.Application for parking permit

(1)A person may apply to a responsible authorised person for the grant of a parking permit.

(2)An application must be made in writing in an approved form.

(3)An applicant must provide the authorised person with any additional information or document that the authorised person asks for.

(4)If an applicant does not comply with the requirements of this regulation the authorised person may decline to deal with the application and is to advise the applicant accordingly.

(5)Unless subregulation (4) applies, within 14 days of receiving an application for a parking permit, the authorised person is to —

(a)grant a parking permit to the applicant; or

(b)by written notice given to the applicant, refuse to grant a parking permit to the applicant.

(6)A responsible authorised person is to give written notice to an applicant who is granted a parking permit if —

(a)the parking permit granted is not of the class requested by the applicant; or

(b)the parking permit is granted subject to a condition.

(7)Written notice under subregulation (5)(b) or (6) must state the reasons for the decision and provide information about the right to a review of the decision under regulation 24.

(8)An applicant or other person must not give information in relation to an application that the person knows to be —

(a)false or misleading in a material particular; or

(b)likely to deceive in a material way.

Penalty for this subregulation: a fine of $500.

[Regulation 23 amended in Gazette 29 Nov 2016 p. 5319.]

24.Review of decisions about parking permits

(1)In this regulation —

decision means a decision by an authorised person under regulation 23 to —

(a)refuse to grant a parking permit; or

(b)grant a parking permit of a class other than the class requested by the applicant; or

(c)grant a parking permit subject to a condition;

relevant committee, in relation to a the review of a decision about a parking permit for a parking permit area, means a committee established under regulation 25 for the area.

(2)An applicant for a parking permit who is aggrieved by a decision may apply in writing in an approved form to the relevant committee for a review of the decision.

(3)An application for a review of a decision must be made by the applicant within 14 days after the applicant receives notice of the decision under regulation 23(5)(b) or (6).

(4)An applicant for a review of a decision must provide the relevant committee with any additional information or document that the committee asks for to enable it to review the decision.

(5)An applicant for a review of a decision or other person must not give information in relation to a review that the person knows to be —

(a)false or misleading in a material particular; or

(b)likely to deceive in a material way.

Penalty for this subregulation: a fine of $500.

(6)After reviewing a decision the relevant committee, by written notice given to the applicant, is to affirm, reverse or vary the decision.

(7)The committee is to give the notice referred to in subregulation (6) within 30 days of receiving the application for a review of the decision under subregulation (2).

[Regulation 24 amended in Gazette 29 Nov 2016 p. 5319.]

25.Appointment of committees

(1)The chief executive of a health service provider that has one or more permit parking areas must establish a committee to review decisions in relation to the permit parking area.

(2)A committee is to consist of 3 members appointed by the chief executive, one of whom is to be a health professional.

(3)Different committees may be established under subregulation (1) for different permit parking areas.

26.Fees for parking permits

(1)The fee that is payable for a parking permit is the prescribed fee (if any).

(2)The responsible chief executive may waive the prescribed fee for a parking permit for a parking permit area in a case where the chief executive, or a responsible authorised person, believes that there are proper grounds for doing so.

(3)A responsible authorised person must not grant a parking permit unless at the time it is granted —

(a)the applicant pays the fee in full for the whole of the period for which the permit is to be in force; or

(b)the authorised person is satisfied that arrangements are in place for the fee to be paid by the applicant in fortnightly payments made by way of payroll deduction; or

(c)the authorised person is satisfied that the fee for the permit has been or will be paid by the applicant in any other approved manner; or

(d)the fee for the permit has been waived.

27.Cancellation of parking permit

(1)There are grounds for cancelling a parking permit if —

(a)in the case of a permit holder who pays the fee for the permit as described in regulation 26(3)(b) or (c) — the permit holder fails to make a payment when it is due; or

(b)the permit holder fails to comply with a condition on the permit; or

(c)the permit holder breaches any of the regulations in this Part; or

(d)the permit was granted in error in consequence of information provided in breach of regulation 23(8); or

(e)the permit holder ceases to satisfy any of the eligibility criteria for the relevant class of permit; or

(f)the responsible chief executive has determined that it is not practicable, for reasons relating to the operation or development of health service provider land, for permits of a class to which the permit belongs to remain in force; or

(g)the permit holder requests that the permit be cancelled.

(2)If a responsible authorised person considers that there are grounds for cancelling a parking permit under subregulation (1)(a) to (e), the authorised person may cancel the permit by giving the permit holder 14 days written notice.

(3)If the responsible chief executive has made a determination under subregulation (1)(f) in relation to a class of parking permit, a responsible authorised person may cancel a parking permit in that class by giving the permit holder 60 days written notice.

(4)If the permit holder requests a responsible authorised person to do so, the authorised person may cancel the permit by giving the permit holder written notice.

(5)The notice given under this regulation must set out the grounds on which the permit is cancelled.

28.Refund of parking permit fees

(1)If a parking permit is cancelled on a ground referred to in regulation 27(1)(f) or (g), the responsible chief executive must cause any permit fee paid for any week commencing on or after the day on which the permit is cancelled to be refunded to the permit holder.

(2)If a parking permit is cancelled on the ground referred to in regulation 27(1)(e) the responsible chief executive may cause any permit fee paid for any week commencing on or after the day on which the permit is cancelled to be refunded to the permit holder.

(3)If a responsible authorised person is satisfied that a permit holder will not park, or has not parked, in an area in which the permit holder is permitted to park for a continuous period exceeding 4 weeks, the authorised person may waive the fees payable for the permit for that period.

Part 4  Infringement notices

29.Prescribed offences and modified penalties

(1)The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2)The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).

30.Authorised officers and approved officers

(1)A responsible chief executive may, in writing, appoint persons or classes of persons to be authorised officers or approved officers in relation to specified health service provider land for the purposes of the Criminal Procedure Act 2004 Part 2.

(2)A responsible chief executive must issue to each authorised officer appointed by the chief executive a certificate identifying the officer as a person authorised to issue infringement notices.

31.Forms

For the purposes of the Criminal Procedure Act 2004 Part 2, the forms set out in Schedule 3 are prescribed in relation the matters specified in those forms.

Part 5  General

32.Removal of vehicles

(1)A responsible chief executive or a responsible authorised person may order that a vehicle be removed to a storage place on or off health service provider land if it — 

(a)is parked in contravention of these regulations; or

(b)has been left on the land for more than 3 days.

(2)A responsible chief executive or a responsible authorised person may order that a vehicle be removed immediately to a storage place on or off health service provider land if it — 

(a)is parked in contravention of these regulation; and

(b)is obstructing other vehicles or activities of a health service provider.

(3)A responsible authorised person may take such action as is reasonably necessary for the purposes of removing a vehicle under this regulation, by way of unlocking, driving, towing or otherwise causing the removal of the vehicle.

(4)A responsible chief executive may retain possession of a vehicle removed and stored under this regulation until the responsible person for the vehicle has paid the prescribed fee.

33.Other offences

A person must not — 

(a)intentionally obstruct a staff member of a health service provider in the discharge of the staff member’s duty under these regulations; or

(b)remove, damage, deface or misuse a sign.

Penalty: a fine of $1 000.

 

Schedule 1  Fees

[r. 19, 20, 26 and 32]

1.Terms used

(1)In this Schedule —

paid staff parking fee means the fee for parking in a paid staff parking area referred to in regulation 20(3);

parking permit fee means the fee referred to in regulation 26(1);

removal and storage of vehicle fee means the fee referred to in regulation 32(4);

ticket parking fee means —

(a)the fee for the purchase of a ticket referred to in regulation 19(2)(a); and

(b)the fee for a boom gate controlled ticket parking area referred to in regulation 19(5).

(2)For the purposes of this Schedule the name of a health service provider site is a reference to the site of that name described in the Health Services (Health Service Provider Land) Order 2016.

2.Fees for Armadale Kelmscott District Memorial Hospital

The fees for the health service provider site that is Armadale Kelmscott District Memorial Hospital are the fees set out in the Table.

Table

Type of fee

Fee

Parking permit fee

$2.00 per week for the period for which the permit is sought

Removal and storage of vehicle fee

(a)basic fee

plus

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours

 

$50.00

 




$5.00

3.Fees for Bentley Hospital

The fees for the health service provider site that is Bentley Hospital are the fees set out in the Table.

Table

Type of fee

Fee

Parking permit fee

$2.00 per week for the period for which the permit is sought

Removal and storage of vehicle fee

(a)basic fee

plus

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours

 

$50.00

 




$5.00

4.Fees for Fiona Stanley Hospital

The fees for the health service provider site that is Fiona Stanley Hospital are the fees set out in the Table.

Table

Type of fee

Fee

Paid staff parking fee

$3.70 per day, up to a maximum of $18.50 per week

Removal and storage of vehicle fee

(a)basic fee

plus

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours

 

$140.00

 




$10.00

Ticket parking fee

$3.00 per hour up to a maximum of $21.00 per day

5.Fees for Fremantle Hospital

The fees for the health service provider site that is Fremantle Hospital are the fees set out in the Table.

Table

Type of fee

Fee

Parking permit fee

$3.70 per day, up to a maximum of $18.50 per week

Removal and storage of vehicle fee

(a)basic fee

plus

 

$50.00

 

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours




$5.00

Ticket parking fee

$0.60 per hour

[Clause 5 amended in Gazette 29 Nov 2016 p. 5320.]

6.Fees for King Edward Memorial Hospital for Women

The fees for the health service provider site that is King Edward Memorial Hospital for Women are the fees set out in the Table.

Table

Type of fee

Fee

Parking permit fee

$3.70 per day, up to a maximum of $18.50 per week

Removal and storage of vehicle fee

(a)basic fee

plus

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours

 

$50.00

 




$5.00

Ticket parking fee

$0.60 per hour

[Clause 6 amended in Gazette 29 Nov 2016 p. 5320.]

7.Fees for Osborne Park Hospital

The fees for the health service provider site that is Osborne Park Hospital are the fees set out in the Table.

Table

Type of fee

Fee

Removal and storage of vehicle fee

(a)basic fee

plus

 

$50.00

 

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours




$5.00

[8.Deleted in Gazette 12 Jun 2018 p. 1893.]

9.Fees for Royal Perth Hospital

The fees for the health service provider site that is Royal Perth Hospital are the fees set out in the Table.

Table

Type of fee

Fee

Paid staff parking fee

$6.00 per day

Removal and storage of vehicle fee

(a)basic fee

plus

 

$50.00

 

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours




$5.00

Ticket parking fee

$3.50 per hour up to a maximum of $14.50 per day

[Clause 9 amended in Gazette 30 Jun 2017 p. 3569.]

10.Fees for health service provider sites in WA Country Health Service area

The fees for a health service provider site in the health service area for which the WA Country Health Service is the health service provider are the fees set out in the Table.

Table

Type of fee

Fee

Removal and storage of vehicle fee

(a)basic fee

plus

 

$50.00

 

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours




$5.00

 

Schedule 2  Prescribed offences and modified penalties

[r. 29]

[Heading inserted in Gazette 29 Nov 2016 p. 5320.]

Item

Offence

Modified penalty

$

1.

r. 6(5)

Contravening direction given by authorised person


100

2.

r. 7(2)

Bringing prohibited item onto health service provider land without permission



100

3.

r. 8

Smoking on health service provider land


100

4.

r. 10(1)

Driving or bringing vehicle on health service provider land that is not a roadway or parking facility



60

5.

r. 10(2)

Bringing heavy vehicle onto health service provider land without permission



60

6.

r. 10(3)

Driving or parking vehicle contrary to direction in sign


60

7.

r. 11

Failure to obey direction in relation to parking or movement of vehicle


60

8.

r. 12(1)

Exceeding speed limit for vehicles on roadway or parking facility


100

9.

r. 13

Failure to give way to vehicle leaving parking facility


60

10.

r. 14

Repairing vehicle or using vehicle to give or receive driving instruction on health service provider land



60

11.

r. 15

Parking in place that is not parking space


60

12.

r. 16

Contravening direction in a sign

60

13.

r. 17(3)

Contravening direction in sign in a parking space or parking facility


60

14.

r. 19(2)

Parking in ticket parking area without purchasing or displaying ticket



60

15.

r. 19(5)

Removing vehicle from boom gate controlled ticket parking area without paying fee



60

16.

r. 19(7)

Leaving site while vehicle parked in ticket parking area or boom gate controlled ticket parking area



60

17.

r. 20(2)

Parking in paid staff parking area for which person is not eligible staff member



60

18.

r. 20(3)

Removing vehicle from paid staff parking area without paying fee


60

19.

r. 21(2)

Parking in permit parking area —

without holding and displaying parking permit; or

other than in accordance with parking permit

 



60

[Schedule 2 inserted in Gazette 29 Nov 2016 p. 5320‑2.]

Schedule 3  Infringement notice forms

[r. 31]

Form 1 — Infringement notice


Health Services Act 2016

Health Services (Conduct and Traffic) Regulations 2016

INFRINGEMENT NOTICE

Infringement
notice no.

Alleged offender

(not required if notice served under Criminal Procedure Act 2004 s. 12)

Name

 

 

Address

 

 

 

rThe responsible person for vehicle in relation to which offence occurred

Details of vehicle

(if relevant)

Reg. no.

 

State/

Territory

 

Details of alleged offence

Date or period

 

Place

 

Written law contravened

Regulationof the
Health Services (Conduct and Traffic) Regulations 2016

Details of offence

 

 

Date

Date of notice

 

Issuing officer

Name

 

Office

 

Signature

 

Modified penalty

$_____

Penalty

Individual

$_____

You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.

Body corporate

$_____

TAKE NOTICE

It is alleged that you have committed the above offence.

If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer within 28 days after the date of this notice.

If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold.

If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below.

Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.

If you want this matter to be dealt with by prosecution in court, sign and date here:

__________________________________ / /20
and post this notice to the Approved Officer at the address below within 28 days after the date of this notice.

If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.

If infringement notice served on responsible person for a vehicle

As the responsible person you will be presumed to have been the driver or person in charge of the vehicle unless within 28 days after the date of this notice:

(a)the modified penalty is paid; or

(b)you supply the Approved Officer with the following information:

the name and address of the driver or person in charge of the vehicle at the time of the alleged offence

or

information showing that at the time of the alleged offence the vehicle had been stolen or unlawfully taken or was being unlawfully used.

For further information see the Criminal Procedure Act 2004 section 13 (www.slp.wa.gov.au).

How to pay

By post

Tick the relevant box below and post this notice to:

Approved Officer — Health Services Act 2016

[Address]

rI want to pay the modified penalty. A cheque or money order (payable to [insert details]) for the modified penalty is enclosed.

rI want to pay the modified penalty by credit card. Please debit my credit card account.

Card type _______________________________

Cardholder name _________________________

Card number

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Expiry date of card _____/_____

Amount $__________

Signature ____________________

Complete all details

 

 

In person

Pay the cashier at:

[Address]

 

Method of service

 

Date of service

 

Form 2 — Withdrawal of infringement notice


Health Services Act 2016

Health Services (Conduct and Traffic) Regulations 2016

WITHDRAWAL OF INFRINGEMENT NOTICE

Withdrawal no.

Alleged offender

Name

 

 

Address

 

 

Details of infringement notice

Infringement notice no.

 

Date of issue

 

Details of alleged offence

Date or period

 

Place

 

Written law contravened

Regulationof the
Health Services (Conduct and Traffic) Regulations 2016

Details of offence

 

 

Approved Officer withdrawing notice

Name

 

Office

 

Signature

 

Date

Date of withdrawal

 

Withdrawal of infringement notice

[*Delete whichever is not applicable]

The above infringement notice issued against you for the above alleged offence has been withdrawn.

If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.

*Your refund is enclosed

or

*If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:

Approved Officer — Health Services Act 2016

[Address]

 

Your signature

 

Date

 

 

 

Notes

1This is a compilation of the Health Services (Conduct and Traffic) Regulations 2016 and includes the amendments made by the other written laws referred to in the following table. 1a

Compilation table

Citation

Gazettal

Commencement

Health Services (Conduct and Traffic) Regulations 2016

24 Jun 2016 p. 2369‑406

1 July 2016 (see r. 2 and Gazette 24 Jun 2016 p. 2291)

Health Services (Conduct and Traffic) Amendment Regulations 2016

29 Nov 2016 p. 5319‑22

r. 1 and 2: 29 Nov 2016 (see r. 2(a));
Regulations other than r. 1 and 2: 30 Nov 2016 (see r. 2(b))

Health Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 4

30 Jun 2017 p. 3568‑74

1 Jul 2017 (see r. 2(b))

Health Services (Conduct and Traffic) Amendment Regulations 2018

12 Jun 2018 p. 1892‑3

r. 1 and 2: 12 Jun 2018 (see r. 2(a));
Regulations other than r. 1 and 2: 13 Jun 2018 (see r. 2(b))

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation

Gazettal

Commencement

Health Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 5 2

25 May 2018 p. 1632‑9

1 Jul 2018 (see r. 2(b))

2On the date as at which this compilation was prepared, the Health Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 5 had not come into operation. It reads as follows:

 

Part 5  Health Services (Conduct and Traffic) Regulations 2016 amended

9.Regulations amended

This Part amends the Health Services (Conduct and Traffic) Regulations 2016.

10.Schedule 1 amended

(1)Delete the Table to Schedule 1 clause 5 and insert:

 

Table

Type of fee

Fee

Parking permit fee

$3.80 per day, up to a maximum of $19.00 per week

Removal and storage of vehicle fee

(a)basic fee

plus

 

$50.00

 

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours




$5.00

Ticket parking fee

$0.60 per hour

 

(2)Delete the Table to Schedule 1 clause 6 and insert:

 

Table

Type of fee

Fee

Parking permit fee

$3.80 per day, up to a maximum of $19.00 per week

Removal and storage of vehicle fee

(a)basic fee

plus

 

$50.00

 

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours




$5.00

Ticket parking fee

$0.60 per hour

 

(3)Delete the Table to Schedule 1 clause 9 and insert:

 

Table

Type of fee

Fee

Paid staff parking fee

$6.10 per day

Removal and storage of vehicle fee

(a)basic fee

plus

 

$50.00

 

(b)if vehicle is stored for more than 24 hours — for each 7 days or part of 7 days for which vehicle is stored after first 24 hours




$5.00

Ticket parking fee

$3.50 per hour up to a maximum of $14.50 per day

 

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

approved3(1)

boom gate controlled ticket parking area19(1)

decision24(1)

driver3(1)

eligible staff member20(1)

health service provider land3(1)

health service provider site19(8)

paid staff parking area20(1)

paid staff parking feeSch. 1 cl. 1(1)

parking facility3(1)

parking permit3(1)

parking permit feeSch. 1 cl. 1(1)

parking space3(1)

permission3(2)

permit parking area21(1)

prescribed fee3(1)

prohibited item7(1)

relevant committee24(1)

removal and storage of vehicle feeSch. 1 cl. 1(1)

responsible authorised person3(1)

responsible chief executive3(1)

responsible person3(1)

roadway3(1)

sign3(1)

specified6(1), 17(1)

speed restriction sign3(1)

staff member3(1)

ticket3(1)

ticket parking area19(1)

ticket parking feeSch. 1 cl. 1(1)

ticket vending machine3(1)

vehicle3(1)